More On

In litigation, budgets are outside counsel's friends…really!

It is time for all litigators to embrace budgeting as a key component of litigation of significant matters

Budgets can be painful. For clients, litigation is sometimes painful. Putting them together can viscerally feel like more than twice the pain. However, experienced litigation managers and outside counsel realize that litigation budgets are absolutely critical for both the successful prosecution of a significant piece of litigation and continuous improvement in performance and decision making by both outside counsel and clients.

In our parents’ generation, litigation was described as unpredictable and impossible to budget. In truth, because neither the client nor outside counsel controls the activities of their adversaries or the court, and the liberal discovery rules allow for unanticipated (and often unproductive) activity, the cost is difficult to predict. While that is no doubt true, thousands (and perhaps millions) of commercial transactions from construction projects to manufacturing processes are run on budgets, and those endeavors have at least as much complexity as a single piece of litigation.

Contributing Author

author image

Kevin Long

Kevin Long is the national chair of Quarles & Brady LLP’s Commercial Litigation Group. His practice focuses on construction and real estate litigation. He is also...

Bio and more articles

Contributing Author

author image

Matt Duchemin

Matthew Duchemin, a partner at Quarles & Brady, is an IP litigator with broad experience in both IP and commercial disputes involving patents, copyrights, trade...

Bio and more articles

Join the Conversation

Advertisement. Closing in 15 seconds.